Proskauer - Privacy & Cybersecurity (JD Supra Germany)
German DPA Plans to Challenge Privacy Shield
The Privacy Shield is now live, having gone into effect on August 1. Perhaps emboldened by the Article 29 Working Party’s late July announcement that European regulators will not challenge the program’s adequacy for at least a year (after the first annual review of the program in May 2017), companies have begun self-certifying in order to legalize their transfers of personal data from the EU to...
German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers
Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model contracts, binding corporate rules (BCRs), consent and reliance on derogations.
A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.
Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a German data protection authority (DPA) issued a position paper where it states that, in its opinion...